SYNCSPACE.LIVE

ACCEPTABLE USE AGREEMENT

THIS AGREEMENT governs Your use of the Syncspace.Live Platform (the “Platform”) and/or other cloud-based online services as described in the Terms and Conditions available at [https://syncspace.live/terms-and-conditions] (collectively, the “Services”) offered by Creativity at Scale Inc. d.b.a. Syncspace.Live (“Syncspace.Live”) in connection with the Customer’s purchase of subscription(s) for Services provided through the Platform pursuant to an applicable Subscription Plan. This Agreement describes activities that are prohibited in connection with Your use of the Platform and Services, which may be updated from time to time. The current version of this agreement can be obtained at [https://syncspace.live/acceptable-use-agreement].

NOW THEREFORE, by purchasing a subscription, accessing and/or using the Platform and related Services you agree to be bound by the terms of this Agreement. In consideration for such access and use of the Platform and related Services, and for other good and valuable consideration, the legal sufficiency of which is hereby acknowledged, You agree as follows:

1. DEFINITIONS

Unless specified elsewhere in this Agreement, the following terms shall have the meanings ascribed to them:

“Agreement” means this Acceptable Use Agreement, as amended from time to time.

“Customer” shall have the meaning ascribed to it in the Terms and Conditions.

“Customer Data” as defined in Schedule A Terms and Conditions means all electronic data or information (i) uploaded by You in the process of using the Services; (ii) calculated and populated in a form(s) by the Services as part of the Your created workflow following the uploading of such electronic data and/or information; (iii) created as a result of additional inputs by You in the process of using the Services; and/or, (iv) generated by the Services in the form of output data (i.e. reports) received by You.

“Malicious Code” means viruses, worms, time bombs, Trojan horses and other harmful or malicious code, files, scripts, agents or programs.

“Terms and Conditions” means the Syncspace.Live Terms and Conditions available at [https://syncspace.live/terms-and-conditions] entered into by Syncspace.Live and the Customer, which governs the purchase of and use of the Platform, related Services, and this Agreement.

“You” or “Your” means Customer or their designated Users, as applicable, as the end user of the Platform and Services.

2. YOUR RESPONSIBILITIES

You agree not to use, or to encourage, promote, facilitate or instruct others to use the Services as follows:

No Unauthorized Use of Services

(a) To license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Platform or related Services, or individual rooms within the Platform and Services available to any third party, other than to Users who have been authorized by the Customer, as applicable, under the Terms and Conditions.

No Illegal, Harmful, or Offensive use of Service or Customer Data

(a) To engage in, promote, or encourage activities in violation of any applicable law, regulation, governmental order or decree or legal agreement;

(b) To violate, or encourage violation of the legal rights of others, including, but not limited to, infringing or misappropriating any intellectual property or proprietary right of another;

(c) To use, upload, store, share, host, copy, distribute, display, publish, transmit, or send Customer Data that is or may be deemed offensive, inflammatory, hateful, infringing, defamatory, discriminatory, obscene, pornographic, threatening, libelous, abusive, invasive of privacy, harmful to others, objectionable, or otherwise unlawful or tortious material;

(d) Send or store Malicious Code (whether intentional or inadvertent) in a way that could harm the Service or impair anyone else’s use of the Platform or Services; and

(e) For any unlawful, invasive, defamatory, infringing, or fraudulent purpose.

No Security Violations

(a) To access or probe (or attempt to access or probe) any Syncspace.Live network, computer or communications system, software application, or network or computing device systems (each, a “System“) without authorization, including, but not limited to, breaches, vulnerability scans, or penetration testing;

(b) To disable, interfere with, or circumvent any aspect of the Platform and Services, including but not limited to, the circumvention, or attempts to circumvent, security measures implemented by Syncspacel.Live to ensure the integrity and privacy of the Platform, the Services, and the rooms that can be rented by Customers; and

No Network Abuse

(a) To damage, disable, overburden, or impair the Platform, Services, or a System;

(b) To store or transmit any Customer Data/Content that contains or is used to initiate a denial of service attack, software viruses or other Malicious Code;

(d) To interfere with the proper functioning of any System, including any deliberate attempt to overload a System by mail bombing, news bombing, broadcast attacks, or flooding techniques;

(e) To operate network services like open proxies, open mail relays, or open recursive domain name servers; and

(f) To disable, interfere with, abuse, disrupt, intercept, circumvent, or otherwise violate the security of the Services, or to avoid any use limitations placed on a System.

No E-Mail or Other Message Abuse

(a) To distribute or facilitate distribution of unwanted, unsolicited or harassing mass e-mails or other messages, promotions, advertising, or solicitations (“Spam“);

(b) To alter, forge, or obscure mail headers or assume a sender’s identity without permission; and

(c) To collect replies to messages sent from another Internet service provider in violation of this Agreement or the Internet service provider’s policies.

No Hazardous Use

(a) In any application or in a manner where failure of the Platform and related Services could lead to the death or serious bodily injury of any person, or severe physical or environmental damage.

3. MONITORING AND ENFORCEMENT

Syncspace.Live reserves the right, but does not assume the obligation, to monitor and investigate violations of this Agreement or misuse of the Platform and Services. Failure to comply with or breach of this Agreement constitutes a material breach of the Terms and Conditions upon which You are permitted to use the Services, and, at any time, may result in Syncspace.Live taking any and all actions in its sole discretion, including with immediate effect based on Syncspace.Live’s reasonable judgment, up to and including:

warnings;
suspending or terminating access to the Services;
removing, or prohibiting access to, or modifying content that violates this Agreement or any agreement that Syncspace.Live has with You for use of the Service; and/or
legal proceedings against You for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.

Without notice to You (unless required by law), Syncspace.Live may report any activity that Syncspace.Live suspects violates any law or regulation to appropriate law enforcement authorities, or regulators. Syncspace.Live’s reporting may include disclosing Your account information and/or Your Customer Content/Data. Syncspace.Live may also cooperate with law enforcement agencies or regulators to help with the investigation and prosecution of illegal conduct by providing information related to alleged violations of this Agreement. Syncspace.Live excludes and disclaims all liability for actions taken in response to breaches of this Agreement. The responses described in this Agreement are not limited, and Syncspace.Live may take any other action it reasonably deems appropriate.

4. REPORTING OF VIOLATIONS

If You become aware of any violation of this Agreement, You must notify Syncspace.Live immediately and reasonably cooperate in any efforts to stop or remedy the violation.